Sexual Violence Crime | Charges of 4 Sexual Violence Offenses against a Victim Under 13, All "Acquitted"

Article 13 of the Act on Special Cases concerning the Punishment of Sexual Crimes provides that an act of using telecommunication media to cause sexual shame or aversion is subject to punishment.

However, Busan District Court Decision 2018Gojeong126 and Suwon District Court Decision 2022No6351 held that this crime presupposes an act against the victim's will, and that where there is the victim's express or implied consent, the applicability of the elements of the crime is excluded.

The attorney specializing in sex crimes at Daeryun argued that the crime of obscenity via telecommunication media itself was negated, on the grounds that the client and the victim maintained a close relationship over a long period and exchanged mutual sexual conversations, and that during that process the victim's consent was repeatedly confirmed.

In a sexual violence crime case, the victim's statement is important evidence, but the victim's statement alone does not satisfy the basis for a conviction.

In this case, the victim changed the statement several times regarding the date and place of the offense, and the statement regarding the specific method of the offense likewise showed a pattern of being added to and expanded as the case progressed.

On these grounds, Daeryun intensively argued that the victim's statement lacked consistency and naturalness, and that it was difficult to recognize credibility to the degree of excluding reasonable doubt.

The Evidence Investigation Center and Digital Forensics Center of Daeryun Law Firm precisely analyzed the actual messages and call records between the client and the victim.

As a result, it was repeatedly confirmed that there were instances in which the victim clearly refused the client's sexual requests, and that the client immediately accepted this and stopped the conversation.

This was used as objective material showing that the relationship between the two parties was not a one-sided relationship by assault or threat, but a relationship formed by mutual consent.

In particular, the evidence investigation experts actually visited the scene of the incident claimed by the victim and confirmed that it was an open place where, had the incident occurred, the victim could readily have sought help, and they were able to secure evidence and written confirmations that contradicted the victim's statement, among other things.

Daeryun confirmed the fact that, even after the last date of the offense claimed by the victim, the victim voluntarily continued telephone conversations with the client for about 5 days.

This differs considerably from the typical pattern of conduct immediately after suffering general sexual violence, and the attorney emphasized that it was an indirect circumstance weakening the credibility of the victim's statement.

When in doubt, for the benefit of the accused (In dubio pro reo)

Article 27, Paragraph 4 of the Constitution of the Republic of Korea provides that "an accused person shall be presumed innocent until proven guilty by a final judgment."

This gives concrete form to the principle of the presumption of innocence, and the attorney who defended this sexual violence crime argued for the client's acquittal as follows.

A sexual violence crime is a crime that infringes on an individual's right to sexual self-determination by using assault, threat, or means equivalent thereto, and the applicable law and the level of punishment differ greatly depending on the type of conduct and the age of the victim.

The representative types of sexual violence crimes are as follows.

When the victim is under 13 years of age, the statutory penalty is substantially aggravated under the Act on Special Cases concerning the Punishment of Sexual Crimes. When the victim of a sexual violence crime is under 13 years of age, the following punishments are imposed.

A sexual violence crime case is a highly complex criminal case that simultaneously requires legal interpretation, evidence analysis, and verification of digital materials.

At Daeryun Law Firm, with attorneys specializing in sex crimes at the center, we collaborate with the Evidence Investigation Center and the Digital Forensics Center to analyze the substance of a case from multiple angles and to present a substantive defense strategy against false sexual violence charges.

For a sexual violence charge, the initial response directly leads to the result, so systematic professional assistance is essential.

In particular, when a minor, like the client, is accused of sexual violence, one may respond complacently, thinking that a light disposition will be imposed; however, an adolescent aged 14 or older is classified as a criminal juvenile and may be subject to the same criminal punishment as an adult, so a prompt response is necessary.

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